Earticle

초록

영어

The first legislation for terminal health-care decision was California’s Natural Death Act (NDA) of 1976 that permitted any adult person to execute a directive directing the withholding or withdrawal of life–sustaining procedures. Advance directive legislation has subsequently progressed on a state-by-state basis. By 1992, all 50 states, as well as the District of Columbia, had passed legislation to legalize some form of advance directive. This state legislation, however, has resulted in an often fragmented, incomplete, and sometimes inconsistent set of rules. Statutes enacted within a state often conflict and conflicts between statutes of different states are common. In an increasingly mobile society where an advance health-care directive given in one state must frequently be implemented in another, there is a need for greater uniformity. In 1993, the Uniform Law Commissioners approved the Uniform Health-Care Decisions Act (UHCDA) in order to bring order to the existing chaos. Unfortunately, the Commissioners waited too long to act. By the time the UHCDA was approved, nearly all states had passed legislation governing advance directives. Consequently, the UHCDA has achieved only a limited success, picking up but one or two enactments a year. The UHCDA is currently in effect in around 10 states: Alabama, Alaska, California, Delaware, Hawaii, Kansas, Maine, Mississippi, New Mexico, Tennessee, Wyoming. In these states the previous laws related to the subjects have been all repealed. The overall objective of the UHCDA is to encourage the making and enforcement of advance health care directives including living will or individual instruction, power of health-care attorney and to provide a means for making health care decisions for those who have failed to plan. The U. S. House of Representatives in 1991 enacted the Patient Self- Determination Act (PSDA). The Act stipulates that all hospitals receiving Medicaid or Medicare reimbursement must ascertain whether patients have or wish to have advance directives. The Patient Self- Determination Act does not create or legalize advance directives; rather it validates their existence in each of the states. Now in America, terminal health-care decision or advance directive for health care is common and universal system. The problem, however, is how to let more people use these good tools to make their lives more beautiful and honorable.

목차

I. 서론
 II. 미국 각 주의 말기의료결정 관련법 제정동향
  1. 입법 배경과 연혁
  2. 각 주의 입법 상황
  3. 캘리포니아 주의 입법례
 III. 「통일의료결정법모형(Uniform Health - Care Decisions Act)」의 성립과 그 영향
  1. 제정 배경과 과정
  2. 통일법모형 입안의 기본개념
  3. 통일법모형의 구성(목차)
  4. 통일법모형의 특징적 내용
  5. 문제점과 각 주에의 영향
 IV. 연방 차원의 입법동향 - 「환자자기결정법(Patient's Self-Determination Act)」의 제정과 주요내용
 V. 결론
 참고문헌
 ABSTRACT

키워드

말기의료 미국의 말기의료 법제 말기의료결정 사전의료의향서 생전유언 개별의료의뢰 의료대리인선임(장) 자연사법 통일의료결정법모형 환자자기결정법 Terminal Health Care Terminal Health-Care Decision Advance Health Care Directive Living Will Individual Instruction Power of Attorney for Health Care Natural Death Act Uniform Health-Care Decisions Act Patient’s Self-Determination Act

저자

• 석희태 [ Suk, HeeTae | 경기대학교 법과대학 교수, 법학박사 ]

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